Last Updated on month day, year. These terms and conditions are effective immediately for
those registering accounts after that date and will become effective month day, year for those
with preexisting accounts. To review the previous terms, please click here(link to TOS archive).
These terms and conditions (the "Terms") govern your access to and use of Opporty's websites
and mobile applications that link to or reference these Terms ("Site"). By accessing or using the
Site, you are agreeing to these Terms and concluding a legally binding contract with Clever
Solution Inc., a New York corporation headquartered in New York, NY ("Opporty"). Do not
access or use the Site if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a user of the Site. A "user" is someone who
accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our"
refer to Opporty. 2. Content
"Content" means text, images, photos, audio, video, location data, and all other forms
of data or communication. "Your Content" means Content that you submit or transmit
to, through, or in connection with the Site, such as ratings, reviews, offers, requests,
responses, messages, and information that you publicly display or displayed in your
account profile. "User Content" means Content that users submit or transmit to,
through, or in connection with the Site. "Opporty Content" means Content that we create
and make available in connection with the Site. "Third Party Content" means Content
that originates from parties other than Opporty or its users, which is made available in
connection with the Site. "Site Content" means all of the Content that is made available
in connection with the Site, including Your Content, User Content, Third Party Content,
and Opporty Content.
2. Changes to the Terms of Service
We may modify the Terms from time to time. The most current version of these Terms will be
located (link to current TOS version). You understand and agree that your access to or use of
the Site is governed by the Terms effective at the time of your access to or use of the Site. If we
make material changes to these Terms, we will notify you by email or by posting a notice on the
Site prior to the effective date of the changes. We will also indicate at the top of this page the
date that revisions were last made. You should revisit these Terms on a regular basis as revised
versions will be binding on you. Any such modification will be effective upon our posting of new
Terms. You understand and agree that your continued access to or use of the Site after
the effective date of modifications to the Terms indicates your acceptance of the
We may translate these Terms into other languages for your convenience. Nevertheless, the
English version governs your relationship with Opporty, and any inconsistencies among the
different versions will be resolved in favor of the English version.
4. Using the Site
To access or use the Site, you must be 18 years or older and have the requisite power
and authority to enter into these Terms. You may not access or use the Site if you are a
competitor of ours or if we have previously banned you from the Site or closed your
2. Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your
use of the Site is at your own risk, including the risk that you might be exposed to
Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
3. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time
without notice or liability.
4. User Accounts
You must create an account and provide certain information about yourself in order to
use some of the features that are offered through the Site. You are responsible for
maintaining the confidentiality of your account password. You are also responsible for all
activities that occur in connection with your account. You agree to notify us immediately
of any unauthorized use of your account. We reserve the right to close your account at
any time for any or no reason.
Your account is for your personal, noncommercial use only. In creating it, we ask that
you provide complete and accurate information about yourself to bolster your credibility
as a contributor to the Site. You may not impersonate someone else (e.g., adopt the
identity of a celebrity or your nextdoor neighbor), create or use an account for anyone
other than yourself, provide an email address other than your own, or create multiple
accounts. If you use a pseudonym, take care to note that others may still be able to
identify you if, for example, you include identifying information in your reviews, use the
same account information on other sites, or allow other sites to share information about
5. Communications from Opporty and other Users
By creating an account, you agree to receive certain communications in connection with
the Site. For example, you might receive compliments or friend requests from other
Users. You will also receive our weekly email newsletter about happenings in your
neighborhood. You can optout of nonessential communications here (link to account
settings notifications management). 5. Content
1. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be
withdrawn. You assume all risks associated with Your Content, including anyone's
reliance on its quality, accuracy, or reliability, or any disclosure by you of information in
Your Content that makes you personally identifiable. You represent that you own, or
have the necessary permissions to use and authorize the use of Your Content as
described herein. You may not imply that Your Content is in any way sponsored or
endorsed by Opporty. You may expose yourself to liability if, for example, Your Content contains material that
is false, intentionally misleading, or defamatory; violates any thirdparty right, including
any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity,
or any other intellectual property or proprietary right; contains material that is unlawful,
including illegal hate speech or pornography; exploits or otherwise harms minors; or
violates or advocates the violation of any law or regulation.
2. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it,
reformatting it, incorporating it into advertisements and other works, creating derivative
works from it, promoting it, distributing it, and allowing others to do the same in
connection with their own websites and media platforms ("Other Media"). As such, you
hereby irrevocably grant us worldwide, perpetual, nonexclusive, royaltyfree,
assignable, sublicensable, transferable rights to use Your Content for any purpose.
Please note that you also irrevocably grant the users of the Site and any Other Media
the right to access Your Content in connection with their use of the Site and any Other
Media. Finally, you irrevocably waive, and cause to be waived, against Opporty and its
users any claims and assertions of moral rights or attribution with respect to Your
Content. By "use" we mean use, copy, publicly perform and display, reproduce,
distribute, modify, translate, remove, analyze, commercialize, and prepare derivative
works of Your Content.
As between you and Opporty, you own Your Content. We own the Opporty Content,
including but not limited to visual interfaces, interactive features, graphics, design,
compilation, including, but not limited to, our compilation of User Content and other Site
Content, computer code, products, software, aggregate user review ratings, and all other
elements and components of the Site excluding Your Content, User Content and Third
Party Content. We also own the copyrights, trademarks, service marks, trade names,
and other intellectual and proprietary rights throughout the world ("IP Rights")
associated with the Opporty Content and the Site, which are protected by copyright, trade
dress, patent, trademark laws and all other applicable intellectual and proprietary rights
and laws. As such, you may not modify, reproduce, distribute, create derivative works or
adaptations of, publicly display or in any way exploit any of the Opporty Content in whole
or in part except as expressly authorized by us. Except as expressly and unambiguously
provided herein, we do not grant you any express or implied rights, and all rights in and
to the Site and the Opporty Content are retained by us.
Opporty and its licensees may publicly display advertisements and other information
adjacent to or included with Your Content. You are not entitled to any compensation for
such advertisements. The manner, mode and extent of such advertising are subject to
change without specific notice to you.
5. Content Feeds
We make some of the Site Content ("Feed Content") available via Real Simple
Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to
display Feed Content on your personal computer, website, or blog ("Your Site"),
provided that (i) your use of the Feeds is for personal, noncommercial purposes only,
(ii) your display of the Feed Content links back to the relevant pages on Opporty's
websites, and attributes Opporty as the source of the Feed Content, (iii) your use or
display of the Feed Content does not suggest that Opporty promotes or endorses any
third party causes, ideas, websites, products or services, including Your Site, (iv) you do
not redistribute the Feed Content, and (v) your use of the Feeds does not overburden
Opporty's systems. Opporty reserves all rights in the Feed Content and may terminate the
Feeds at any time. Please select "Partnerships" on our contacts page here(link to the
contact page) to inquire about other possible uses of the Feeds.
User Content (including any that may have been created by users employed or
contracted by Opporty) does not necessarily reflect the opinion of Opporty. We reserve the
right to remove, screen, edit, or reinstate User Content from time to time at our sole
discretion for any reason or no reason, and without notice to you. For example, we may
remove a review if we believe it violates our Content Guidelines(link to content
guidelines). We have no obligation to retain or provide you with copies of Your Content,
nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we
encourage you to let us know if you believe another user has violated the Terms, we reserve the
right to investigate and take appropriate action at our sole discretion.
1. You agree not to, and will not assist, encourage, or enable
others to use the Site to:
1. Violate our Content Guidelines(link to content guidelines), for example, by
2. Violate any third party's rights, including any breach of confidence,
3. Threaten, stalk, harm, or harass others, or promote bigotry or
4. Promote a business or other commercial venture or event, or otherwise
5. Send bulk emails, surveys, or other mass messaging, whether
writing a fake or defamatory review, trading reviews with other
businesses, or compensating someone or being compensated to write or
remove a review;
copyright, trademark, patent, trade secret, moral right, privacy right, right
of publicity, or any other intellectual property or proprietary right;
use the Site for commercial purposes, except in connection with a
Business Account and as expressly permitted by Opporty;
commercial in nature or not; engage in keyword spamming, or otherwise
attempt to manipulate the Site's search results or any third party website;
6. Solicit personal information from minors, or submit or transmit
7. Violate any applicable law.
2. You also agree not to, and will not assist, encourage, or enable
1. Violate the Terms;
2. Modify, adapt, appropriate, reproduce, distribute, translate, create
3. Use any robot, spider, site search/retrieval application, or other
derivative works or adaptations of, publicly display, sell, trade, or in any
way exploit the Site or Site Content (other than Your Content), except as
expressly authorized by Opporty;
automated device, process or means to access, retrieve, scrape, or index
any portion of the Site or any Site Content;
4. Reverse engineer any portion of the Site;
3. The restrictions above only apply to the extent permissible under applicable law.
5. Remove or modify any copyright, trademark or other proprietary rights
notice that appears on any portion of the Site or on any materials printed
or copied from the Site;
6. Record, process, or mine information about other users;
7. Access, retrieve or index any portion of the Site for purposes of
constructing or populating a searchable database of business reviews;
8. Reformat or frame any portion of the Site;
9. Take any action that imposes, or may impose, in our sole discretion, an
unreasonable or disproportionately large load on Opporty's technology
infrastructure or otherwise make excessive traffic demands of the Site;
10. Attempt to gain unauthorized access to the Site, user accounts, computer
systems or networks connected to the Site through hacking, password
mining or any other means;
11. Use the Site or any Site Content to transmit any computer viruses,
worms, defects, Trojan horses or other items of a destructive nature
12. Use any device, software or routine that interferes with the proper working
of the Site, or otherwise attempt to interfere with the proper working of the
13. Use the Site to violate the security of any computer network, crack
passwords or security encryption codes; disrupt or interfere with the
security of, or otherwise cause harm to, the Site or Site Content; or
14. Remove, circumvent, disable, damage or otherwise interfere with any
securityrelated features of the Site, features that prevent or restrict the
use or copying of Site Content, or features that enforce limitations on the
use of the Site.
Nevertheless, you agree not to act contrary to them (even if permissible under
applicable law) without providing 30 days' prior written notice to us here(link to
contact page), together with any information that we may reasonably require to
give us an opportunity to provide alternative remedies or otherwise
accommodate you at our sole discretion.
7. Guidelines and Policies
1. Content Guidelines
You represent that you have read and understood our Content Guidelines(link to content
guidelines). 2. Privacy
policy). Note that we may disclose information about you to third parties if we have a
good faith belief that such a disclosure is reasonably necessary to (i) take action
(iii) comply with legal process or other government inquiry, such as a search warrant,
subpoena, statute, judicial proceeding, or other legal process served on us; or (iv)
protect our rights, reputation, and property, or that of our users, affiliates, or the public. If
you use the Site outside of the United States, you consent to having your personal data
transferred to and processed in the United States.
3. Copyright And Trademark Disputes
Please see our Infringement Policy(link to Infringement Policy) for information about
copyright and trademark disputes.
8. Opporty Privileged services
Premium Verified Listing Services – Description and Important Disclaimers:
Opporty Premium Verified Listing Service is a feebased service offering to move
your company listing into a higher rankingsearch result and browser list for a 30day
(“Monthly”) or a twelve month period. Each category and location combination enables
the participant to feature one (1) company in categories, requests, offers, responses
and location combinations.Your Premium Verified Listing is billed at time of submission.
A credit card payment is required to setup the Premium Verified Listing for the Monthly
or annual period.
Opporty reserves the right to decide whether, where, and how a Premium Verified Listing
Premium Verified Listing Services Participation
Premium Verified Listing Services will be effective starting on the date you
receive your email confirmation that your Premium Verified Listing was added to the
Premium Verified Listing Service, and will continue for an initial term of 30 days or one
year from this date. Your term shall be renewed automatically for the same length and
on the date of the Renewal termof a 30day or one year term. Each Monthly or annual
term fee will be billed to your credit card at the start of a Renewal Term. To terminate
this service, you must cancel any time before the start of a Renewal Term. Upon
cancellation, your Premium Verified Listing will remain active until the end of your Initial
Term or the Renewal Term, unless otherwise terminated by Opporty. If you request that
your Premium Verified Listing be removed before the end of the Initial Term or a
Renewal Term for which you have prepaid the recurring monthly or annual fee, you
agree that Opporty will not be required to refund any portion of the fee.
Priority placement options provides you with one time priority placement in offer,
request and response listings.
Additional submission options provides you with one time additional submission
ability to publish offer, response or other type of information which currently has limited
submission quantity for your account.
All Premium Verified Listings, Priority Placements and Additional Submissions must
conform to the Opporty editorial guidelines, and must be relevant topically to the category
and location. All Premium Verified Listings are subject to final approval by the Opporty
editorial team, which in their sole discretion may reject a Premium Verified Listing,
Priority Placement and Additional Submission requests for any reason.
Opporty reserves the right to reject Premium Verified Listings, Priority Placements and
All fees paid for the Premium Verified Listings, Priority Placements and Additional
Submissions Services are NONREFUNDABLE.
9. Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that
(i) your Feedback does not contain the confidential or proprietary information of third parties, (ii)
we are under no obligation of confidentiality, express or implied, with respect to the Feedback,
(iii) we may have something similar to the Feedback already under consideration or in
development, and (iv) you grant us an irrevocable, nonexclusive, royaltyfree, perpetual,
worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense
the Feedback, and you irrevocably waive, and cause to be waived, against Opporty and its users
any claims and assertions of any moral rights contained in such Feedback.
10. Third Parties
The Site may include links to other websites or applications (each, a "Third Party Site"). We do
not control or endorse any Third Party Site. You agree that we are not responsible for the
availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own
Some of the services made available through the Site may be subject to additional third party or
open source licensing terms and disclosures, including the ones posted here(link to third party
agreement) and incorporated herein by reference.
You agree to indemnify, defend, and hold Opporty, its parents, subsidiaries, affiliates, any related
companies, suppliers, licensors and partners, and the officers, directors, employees, agents and
representatives of each of them (collectively, the "Opporty Entities") harmless, including costs,
liabilities and legal fees, from any claim or demand made by any third party arising out of or
relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products
or services purchased or obtained by you in connection with the Site, or (iv) the infringement by
you, or any third party using your account, of any intellectual property or other right of any
person or entity. Opporty reserves the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us and you agree to cooperate
with our defense of these claims. You agree not to settle any such matter without the prior
written consent of Opporty. Opporty will use reasonable efforts to notify you of any such claim,
action or proceeding upon becoming aware of it.
12. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE
OPPORTY ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN
IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY
LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE
TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU
HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS
SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO
1. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS"
AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT
THE OPORTY ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER
CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN
DISCRETION AND RISK. THE OPORTY ENTITIES MAKE NO CLAIMS OR
PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE
SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY,
THE OPORTY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR
DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S
INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR
FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY
OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR
CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON,
OR MADE AVAILABLE THROUGH THE SITE.
2. THE OPORTY ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT
TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS
LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE
OPORTY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE
THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING,
FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR
CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A
NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR
ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE
AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES
THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
3. THE OPORTY ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE
PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE
SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ORAL OR
WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A
REPRESENTATIVE OF ONE OF THE OPORTY ENTITIES SHALL CREATE A
REPRESENTATION OR WARRANTY.
4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF
DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER
GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF
ACCESS TO, OR USE OF THE SITE.
5. THE OPORTY ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR
LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE
SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT
PAID, IF ANY, BY YOU TO THE OPORTY ENTITIES IN CONNECTION WITH
THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY, OR (ii) $100.
6. THE OPORTY ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR
CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS
INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF
INFORMATION OR DATA.
13. Choice of Law and Venue
New York law will govern these Terms, as well as any claim, cause of action or dispute that
might arise between you and Opporty (a "Claim"), without regard to conflict of law provisions.
FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT
TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE
OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN NEW YORK, NEW YORK.
You may terminate the Terms at any time by closing your account, discontinuing your
use of the Site, and providing Opporty with a notice of termination here(link to closing
what we do with your account when terminated.
We may close your account, suspend your ability to use certain portions of the Site,
and/or ban you altogether from the Site for any or no reason, and without notice or
liability of any kind. Any such action could prevent you from accessing your account, the
Site, Your Content, Site Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6,
10 14 will continue in full force and effect, including our right to use Your Content as
detailed in Section 5.
15. General Terms
1. We reserve the right to modify, update, or discontinue the Site at our sole
discretion, at any time, for any or no reason, and without notice or liability.
2. We may provide you with notices, including those regarding changes to the
Terms by email, regular mail or communications through the Site.
3. Except as otherwise stated in Section 10 above, nothing herein is intended, nor
will be deemed, to confer rights or remedies upon any third party.
4. The Terms contain the entire agreement between you and us regarding the use
of the Site, and supersede any prior agreement between you and us on such
subject matter. The parties acknowledge that no reliance is placed on any
representation made but not expressly contained in these Terms.
5. Any failure on Opporty's part to exercise or enforce any right or provision of the
Terms does not constitute a waiver of such right or provision. The failure of either
party to exercise in any respect any right provided for herein shall not be deemed
a waiver of any further rights hereunder.
6. If any provision of the Terms is found to be unenforceable or invalid, then only
that provision shall be modified to reflect the parties' intention or eliminated to the
minimum extent necessary so that the Terms shall otherwise remain in full force
and effect and enforceable.
7. The Terms, and any rights or obligations hereunder, are not assignable,
transferable or sublicensable by you except with Opporty's prior written consent,
but may be assigned or transferred by us without restriction. Any attempted
assignment by you shall violate these Terms and be void.
8. The section titles in the Terms are for convenience only and have no legal or
Copyright © 2015 Clever Solution Inc., 244 5th ave., c278, New York, NY 10001, U.S.A.